Immigration Practice News

June 2013 (Vol. 4, No. 4)

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How Immigration Lawyers Can Avoid Bar Discipline
by Brian Tannebaum
N
otice that the title didn't say "How
Immigration Lawyers Can Avoid
Bar Complaints." Avoiding them
is near impossible for the immigration
lawyer. If a client doesn't get a visa or
worse, gets deported, they often want
to, or have to, file a Bar Complaint. The
only thing immigration lawyers can do
is protect themselves from the complaint
becoming more than just sour grapes
that is summarily dismissed.
I have seen many complaints against
immigration lawyers. The typical
complaint against an immigration
lawyer involves a bad result. The
problem comes in when the bad result
is due to sloppy practice.
The number one reason any lawyer
receives a Bar Complaint is lack of
communication.
I know, you have a lot of clients. They
call all the time, and they ask the same
questions. You don't have the answers
so you start avoiding their calls. They're
late on their bill, so you don't call them
back. You called them three times but
got their voice mail, so you gave up
trying to talk to them.
"THE NUMBER ONE
REASON ANY LAWYER
RECEIVES A BAR
COMPLAINT IS LACK OF
COMMUNICATION."
When the client complains to the Bar
that you failed to communicate, the
Bar will look at you and ask for proof.
The lawyer will normally say "I spoke
with that client 100 times." Instead of it
coming down to your word against the
client's, consider doing one or more of
the following:
• When the client calls, have the file
available. Have a sheet in the front
of the file that is only for tracking
communication with the client.
Write down "spoke with client," even
if you're not keeping track of time.
• Send more letters advising the client
of upcoming interviews or court
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hearings. Even if the client is in good
communication by phone, always
follow up in writing.
• Have a client intake sheet that states
how the client wants to be contacted.
It's not just mail or phone anymore.
Many clients prefer email or even
text. This not only helps you to better
communicate with the client, but
also provides back up for when the
method of communication becomes
an issue.
Communication is not only about
informing the immigration client
about dates and case status, it's
also about making sure the client
understands the process and legal
ramifications of any act or decision.
This brings me to the second issue for
Bar Complaints—the immigration
client saying they didn't understand
what you as the lawyer were doing or
to what they had agreed to. Often times
things are told to clients in court or in
quick conversations. Most immigration
clients are seen as "vulnerable" as they
often don't understand not only the law
of the United States, but our customs
and procedures. Don't hesitate to send
a follow up letter, and even title it as a
"letter of understanding," meaning that
you tell the client to send the letter back
signed acknowledging that they've read
it and understand the contents.
The third way to avoid a Bar
Complaint is to make sure you don't
miss any deadlines. There are enough
bells, dings, pop-up warnings, and
other technological ways to make sure
you know when things are due. Use
them. The worst Bar Complaint you'll
get will be postmarked from the client's
country of deportation.
Talk, write, keep track, and be
compliant. Defend yourself as well as
you defend your client.
Brian Tannebaum is the Managing
Partner of Tannebaum Weiss, P.L.
in Miami, and represents lawyers
statewide in Florida Bar Admission,
Grievance Defense, Sanctions, and
Contempt matters.
www.aila.org 3